LODHA, J.—Plaintiff-respondent Chotey Lal filed the suit out of which this appeal arises in the court of Munsiff Sikar for cancellation of a sale deed and for possession of the land in dispute Khasra Nos. 318, 373 and 379 situated in Sikar measuring 7 Bighas. He alleged that the defendant by practising fraud got a sale deed of the land in question executed by him on 15-9-61 in the defendants favour without paying any price. It was further alleged that the sale was void ab initio being in contravention of sec. 42, second proviso(b) of the Rajasthan Tenancy Act 1955 (hereinafter referred to as the Act) as the plaintiff was a member of Scheduled Tribe. It was prayed that the sale-deed dated 15-9-61 be declared void ab initio and a decree for possession of the land in dispute and the dwelling house standing thereon be granted in favour of the plaintiff.

2. The suit was resisted by the defendant inter alia on the ground that it was exclusively triable by a revenue court and was not maintainable in civil court. The learned Munsiff tried the suit on merits and in the result held that the plaintiff had failed to prove fraud as well as lack of consideration. However, he came to the conclusio

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